02x08 - The Case of the Jilted Jockey

Episode transcripts for the TV show "Perry Mason". Aired: September 21, 1957, to May 22, 1966.*
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Defense attorney Perry Mason defends dozens of falsely accused people during courtroom drama, and he manages to clear all of them, usually by drawing out the real criminal on the witness stand.
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02x08 - The Case of the Jilted Jockey

Post by bunniefuu »

( noirish jazz theme playing )

( adventurous theme playing )

Bright Magic worked
the mile in : ...

handily.

That's
a good workout.

Mm-mmm,
baby.

That's
a great workout.

Tic's got a real live mount
for the Pacific Derby Saturday.

Maybe we can put a bet
on the horse.

Maybe Tic will be
good for something...

before I tell him
goodbye.

Now is that any way for you
to talk about your husband?

And here you're gonna
have to grin and bear him...

for a while longer,
anyway.

Why?

A deal came up.

What kind of deal?

One with money in it.

What kind of money?

$ , .

[CHUCKLES]

I don't want $ , .

What do you want?

I've got what I want.

I haven't.

Let's not kid
ourselves, baby.

What we need
is scratch, money.

Something that will make
Hialeah paradise this winter.

And I got a way
to get some of it.

How, Johnny?

By Tic losing the derby.

What?

He pulls the horse,
loses the race.

( mysterious theme playing )

I got a call last night from
the operators of a future book.

They're overloaded
on Bright Magic.

So they're offering
up to $ ,

for Tic to pull
the horse.

He wouldn't, not Tic.
You don't know him.

I know he's in love
with you, baby.

He brags about you
all the time.

He's a big man
when he talks about you.

You're his star,
his shining rainbow.

He wouldn't throw
the race.

He's never done anything
like that before.

There's always
a first time.

Now, all you gotta do
is ask him,

but with
the right questions.

( suspenseful theme plays )

( whinnying )

Good to have you
riding for me, Tic.

This is a nice colt.
That was an easy work.

And that's all hogwash

about you losing
your nerve, eh, Tic?

I won't let you down,
Mr. Bannion.

You bet you won't.

We're coming home
with the bacon Saturday.

With the cup, anyway,
Mr. Bannion.

And with your name engraved
on the permanent trophy.

( laughs ):
Right.

" rd renewal of the Pacific
Derby, winner: Bright Magic.

Owners:
Mr. and Mrs. Dion Bannion."

How does that sound,
Vicky?

Let's wait until
the race is won, dear.

( laughing )

Okay, I won't cash
my future book tickets

till after the race.

So long, fellas.

Eddie,
walk him a good hour.

Right, Mr. Allen.

Come on, horse.
Come on.

We've got
a good chance, Tic.

Yes, sir.

The colt's got
a nice way of going.

He runs kindly
for you too, boy.

I don't think you're
any different a jockey

than you were a year ago
before your spill.

Thanks for giving me
a chance to prove it.

Oh.

I'm a lucky man,
Mr. Allen.

( chuckles ):
Lucky?

I think you've had more than
your share of bad breaks lately.

I've got an owner

who's proud to have me ride
his horse in the derby,

a trainer
who believes in me

and a wife
who loves me.

Gloria is a...

beautiful woman,
isn't she?

( mysterious theme playing )

She sure is, Tic.

Hiya, Gloria.

Mmm-mwah!

It's beginning
to shape up pretty good.

That colt's improving every day.

Tic...

Tic, now,
don't get all upset.

I want to talk to you
about something.

It's about
the Pacific Derby.

Well, what about it?

Well, it-- It's such
a long sh*t for us to win.

That's what
I've been talking about.

Bright Magic had a sensational
work this morning.

He's got
a great chance to win.

How many horses
in the last year

have had a great chance
to win, and didn't?

Oh, Tic, I'm so tired
of always being broke,

so tired of never
having anything for us.

How can I convince you that
it will be different, Gloria?

If Bright Magic
wins the derby--

You can convince me,
Tic...

if Bright Magic
loses the derby.

If he loses the derby?
But how?

If he loses?

You want me
to pull the horse?

It's so much simpler to lose
a race than to win it, Tic.

I can get us
$ , in cash.

You haven't thought it
all out, Gloria.

This is
my comeback.

A win like this
will give the trainers

confidence
in me again, and...

Who gave you
this proposition?

Mm, somebody.

Is it that tout,
Johnny Starr?

I thought I saw him
on the rail this morning.

No. There's no
other way out.

It's got to be
this way.

What way?

That I become dishonest,
that I become a thief?

You're putting
terrible names on it.

All I'm asking you to do

is to run into a blind switch
or get left at the gate.

( tearfully ):
It's got to be like that.

Got to?

I mean, I can't
go on like this anymore.

You mean we can't go on
like this anymore.

You'll..

You'll want
a divorce?

Yes.

Is there another guy,
Gloria?

Of course there isn't.
You know there isn't.

I-I-I kind of thought,
a few times lately--

Of course
there's nobody else.

I've told you
all about it.

I've tried
to explain it to you.

Oh, I'm sorry, Tic.

You'll just have to
make up your mind.

Either you throw this race,
or I'll get a divorce.

( somber theme playing )

Is it understood,
Mr. Mason,

I'm paying you $
for ten minutes time?

I want your advice.

I'm not saying I'll take it,
and I'm not saying that I won't.

It's understood,
Mr. Barton.

This is strictly private
and confidential, isn't it?

Oh, I'm Mr. Mason's

strictly private and
confidential secretary.

As a jockey, I run across it
every once in a while:

Some sharpie trying
to put in a fix.

Someone's approached you
to fix a race?

Someone's approached
my wife.

I see. Who?

I don't know.

That is...
I don't know for sure.

I think his name
is Johnny Starr.

Johnny Starr.

Now, you must
understand, Mr. Mason...

Well, my wife
is a beautiful woman.

But like most women,
she needs security.

You can't blame her
for that.

She needs to feel
safe and needed.

Your wife wants you
to throw the race?

She's upset.
She doesn't really mean it.

But now she says...

if I don't throw
the Pacific Derby on Saturday,

she'll leave me.

Divorce?

I don't handle
divorce cases, Mr. Barton.

I love my wife, Mr. Mason.

I don't want to lose her,

and I don't want
to throw that race.

First things first.

A crime has been committed,
an attempt to fix the race.

My advice would be

to turn the matter over
to the proper authorities.

Then that would be
the end of it.

I wouldn't have
any choice left.

If I decided that
I wanted Gloria more than--

I've never thrown a race,
Mr. Mason.

I've never done
a crooked thing in my life.

If you had, you wouldn't be
wrestling with yourself now.

If...

If I...

decide not to throw the race...

and Gloria still
wants a divorce...

will you help me, Mr. Mason?

Yes, I will.

Thanks.

I'll think it over.

( door closes )

Maybe we can
supply Mr. Barton

with an ounce
of prevention, Della.

Get ahold of Paul.

See what he can dig up
on Johnny Starr.

( mysterious theme playing )

Hi, Eddie.

Hello, Tic.

You should be sleeping
the night before.

Yeah.
It was lonesome at home.

My wife's out someplace.

Yeah, I know.

How do you know?

She left a message
for you, Tic.

She said if you
had anything to tell her,

you could reach her
at Webster- - .

Where's that?
Whose number is that?

I don't know, Tic.

If I thought someone

was trying to take
Gloria away from me, I'd...

I'd-- I'd k*ll 'em, Eddie.

Did you ever
feel like that?

Like you could k*ll someone?

( phone rings )

Hello.

Hello.

Who--? Who is this?

Johnny Starr.

Who's this? Barton?

Hello?

Hello?

( playful knocking
on door )

Good morning, on this
beautiful Saturday morning.

Oh, so cheerful and
working too, Mr. Drake?

Morning, Paul.

A report on
John Woodruff Starr. Ready?

Just a minute.

Ready.

Well, he's not what
you'd call a steady worker.

His last
regular employment

was the United States Army
through ' .

He was married June ,
divorced October .

Arrested four times
for suspected bookmaking,

no convictions.

Married for the second time
December ,

Las Vegas, Nevada,
to a French girl.

Divorced again?

I don't know,
we're still checking.

The, uh, girl went back
to France.

Paul, don't tell me

you got all this
information since yesterday?

I got more.

Johnny Starr
is a two-bit gambler,

and he does part-time work
for a gambling syndicate.

So it's possible
he might be trying

to fix the derby for them
on a fee basis.

You know, I'll just
never understand this.

Now, why would they want
Bright Magic to lose?

They offer odds
months before a race, Della.

Now, Bright Magic
was -to- .

They probably took a lot of
good-sized bets at those odds,

never figuring a horse
would improve so much.

Now, if Bright Magic wins,
it'll cost them a fortune.

Speaking of Bright Magic
in the Pacific Derby,

that reminds me.

What's that,
Perry?

I thought we all might
go to the track today.

I'm curious to see how
Tic Barton rides Bright Magic.

What seats
do you have?

Section E.

It just
so happens

that I have three seats
here, section B.

Well, we'll use yours.
They're better.

All right.
Hold it.

We'll use mine.

Box seats
on the finish line.

( crowd chattering )

...is the favorite,
-to- .

Plumber is -to- , and
Bright Magic is -to- .

( over P.A. ):
The horses are approaching
the gate.

Take it easy.
Take it easy, Bright Magic.

We've got
a long way to go.

Everything all right,
Allen?

Everything's fine.

Tic seems nervous
to me.

Can we trust him?

Got to.
It's in his hands now.

It's up to Bright Magic
and him.

The flag is up.

And they're off!

It's Sir Plumber
going to the front,

Hill Down is second,
Tracer is third,

then Bright Magic,
Fly Away and Sunburst.

Into the clubhouse turn, it's
Sir Plumber in front a head,

Tracer on the outside,
second, two lengths,

Hill Down is third,
then Fly Away,

Bright Magic on the rail,
Sunburst and Jigger.

Turning into the backstretch,

it's Tracer
now taking the lead

and drawing clear
by a length and a quarter.

Sir Plumber is second,
two-and-a-half lengths,

Hill down third by two,

Bright Magic fourth,
Fly Away and Sunburst.

Bright Magic's
moving up, Perry.

Turning for home,

and here comes
Bright Magic and Fly Away.

Fly Away on the outside,

but it's Tracer
in front a head.

Bright Magic by a half-length,
and Fly Away on the outside.

Into the stretch,

it's Fly Away on the outside
by a half-length,

Tracer second
a half-length,

and Bright Magic on the rail
looking for racing room.

It's Fly Away,
Tracer and Bright Magic.

Fly Away,
Tracer and Bright Magic.

At the th pole,
it's Fly Away by a head,

and now Bright Magic
is moving up to challenge him.

All right, Tic.
Go through, go through!

And now Fly Away
is pulling away,

and here comes Sunburst.

Down the wire, with Fly Away
in front and Sunburst outside.

And at the wire
it's Fly Away winning.

Sunburst is second a length,
Bright Magic is third,

and Tracer is fourth.

Bright Magic lost.

So, what happened,
Barton?

Bright Magic
never quit before.

The colt
acted sluggish.

He didn't move
when I asked him to.

Well, you're moving.

You'll never ride
for me again,

you're through!

You deliberately
pulled it!

The colt didn't have it,
Mr. Bannion.

He backed up.

You too.
I don't need excuses.

You're fired,
all of you crooks!

You cheated me!

I don't know how,
but I'll find out.

If there was
any business done,

I think I know
who handled it.

( knock on door )

Hello, Starr.

What is this?

Is Gloria here?

Of course not, is that
what you come up here for?

I wanna know how
you fixed that race.

Did you dope
the colt?

Now, you look, Barton,
I'm sorry you lost,

but don't come up here
looking for an out.

You were outridden
in the stretch,

You didn't have the guts
to go through the middle.

You--

I want to know
two things, Starr.

I want to know how
you fixed Bright Magic,

and I want to know
about my wife.

Are you and she--?

( thud )

( grunts )

Why, you little punk,
pulling a g*n on me.

Wise up, little man.

( door slams )

( g*nsh*t )

( suspenseful theme playing )

( g*nsh*t )

Hey, is somebody sh**ting?

Name is
John Woodruff Starr.

Here's his driver's license
and some papers.

Go on, Mr. Horty.
Don't let me interrupt you.

All right,
lieutenant.

Well now,
there was this second sh*t,

so I knew it couldn't
be a backfire or anything,

so I went out
into the hall.

And here was this fella
just sprintin' down,

almost reachin'
the stairs,

and he was lookin' back over
his shoulder, like this...

and then on down
the stairs he went.

Close enough so that you
could recognize him again

if you saw him?

Oh, sure.

He was sh*t twice.

Once in the face, and again
when he was on the floor,

in the back.

How can you
be so sure

you can identify this man again,
Mr. Horty?

You only caught that
one glimpse of him, didn't you?

Saw him hundreds of times,
Lieutenant Tragg.

Live in the building,
does he?

Nope.

But you've seen him
hundreds of times?

In the paper...

Now, you remember, lieutenant,
I told you he was a shortie.

You remember I said he was
maybe ' " or ' "?

Tic Barton,
the jockey.

Why, yes, Mr. Mason.

Lieutenant Tragg
asked me a lot of questions.

Mostly, over and over,
about where Tic was.

Didn't Tic show up
here at all?

No.

Does he own a g*n,
Mrs. Barton?

Yes.
He has a permit for it.

Where does he
keep it?

It's in the bureau drawer
in the bedroom.

The police
asked me that too.

Is it there now?

No.

Mrs. Barton, I want you to know
that Tic came to my office

and told me all about
the attempted bribery.

Oh?

Who offered the bribe?

Johnny Starr.

Of course, I really
wasn't serious about it.

I admit, I considered it
for a little while.

We needed the money
so badly.

Didn't you thr*aten Tic
with a divorce

unless he
threw the race?

Why, no, Mr. Mason.

Did Tic say that?

Johnny Starr was quite
a good-looking young man.

Was he?
Did you know he was married?

Was I supposed to?

Are you thinking

that Johnny Starr and I
might have been in love?

And that because he was married
and didn't tell me,

I might have had
a reason to k*ll him?

Mightn't you?

That's ridiculous.

What else did you
tell the police?

Nothing,
really, Mr. Mason.

Just what
I've told you now.

The police issued a warrant
for Barton's arrest.

They found an eyewitness
who identifies him

as being on
the scene of the crime.

Barton's fingerprints
were found on the door panel

and in
the m*rder room.

What about
the m*rder w*apon?

Tic Barton's,
registered in his name.

They've got
a pretty good case.

Tic's wife and Johnny Starr
were very chummy.

There's a rumor that Tic
may have pulled his mount,

and Starr reneged
on the payoff.

Rumor?

Yeah, it's flying around
the homicide offices.

Where'd it start,
Gloria Barton?

Strangely enough,
Perry, no.

She seems to be
on Tic's side.

What other side's left?
Starr's gone.

Paul, if you were
gonna fix a race,

and you weren't sure
you could depend

on one person
to come through,

what would you do?

Take out insurance.
How?

Hire somebody else.

Get two people
working independently,

have two chances
to get the job done.

You mean one with the jockey,
the other with the horse?

There's a rumor about
Bright Magic being doped too.

I've got information

about Johnny Starr's
activities in the barn area

in connection with Eddie Davis,
the assistant trainer.

Let's get over there,
Paul.

Can I be of any help?

You better stay here,
Della,

in case Barton calls.

No, I don't know
where Mr. Allen is.

He was fired too.

Just packin' my things.

What happened, Davis,
you get kicked by a horse?

No.

There's a rumor Bright Magic
was doped for the Pacific Derby.

Why? Because he lost?

Can't a horse lose or win
without him being doped?

Sure,
but there's always

some reason for losing,
isn't there?

Suppose Bright Magic
was doped, Eddie?

Any idea who
might've done it?

Now look, Mr. Allen
and I took shifts

guarding
Bright Magic.

From Friday evening on,
to post time Saturday.

I know I didn't do it, and
I don't think Mr. Allen would.

Now you can't watch
a horse every second.

And it only takes a second
to put a needle in him.

Don't they automatically
test each horse,

following every race?

No,
just the winners.

Who roughed you up,
Davis?

Now, look, I told you
that's my own business.

Coulda been
Johnny Starr.

Sure.

He hired you to
dope Bright Magic.

You did the job,
and he reneged on the payoff.

So you had a fight with him.

Just because I'm
all banged up?

Who did it,
Davis?

( suspenseful theme playing )

Hey there.
Easy, boy. Whoa, whoa.

Come on there.
Slow down there.

Now come on there.
That's all right, baby. Come on.

Easy, easy.

Whoa. Come on.

Slow down there.
That's all right.

Come on, baby.

Easy, easy.
That's gonna be all right.

Come on now.

There's a phone call
for you.

You can take it
in the barn extension.

Mason's office?

No.

You've been avoiding
his phone calls, haven't you?

Mason wants to talk
to me about Tic Barton.

I don't want to talk to him
about Tic or anything else.

Mason's a very
dangerous man.

Dangerous?

I mean, he can-- He can
twist things around,

make you seem to say things
that you don't mean at all.

I've heard
a lot about him.

He's a very
clever man.

Just on
general principles,

I'd rather you didn't
speak to him either.

Hello.

Hello, Mr. Bannion.
It's me, Eddie Davis.

What do you want, Davis?

We finished
our business last night.

Oh, no, Mr. Bannion.
That was just a start.

You see, Perry Mason was here
a couple of minutes ago,

and he asked
about this black eye.

He thought Johnny Starr
gave it to me,

but I was a real pal,
I covered for you.

I didn't pop that you were
the one that slugged me.

I wouldn't care
if you told the whole world.

What was that?

I said, "You'd better
think about it, Mr. Bannion."

Suppose the cops heard
that you were up to my place

on the night of the m*rder,

trying to find out
who doped Bright Magic.

And you finally admitted
it was Johnny Starr.

I admitted
it was Johnny Starr

after you b*at
the living daylights out of me

and chased out of my place
like a four-alarm fire!

The next thing
I read in the paper

is that Johnny Starr
is m*rder*d.

That's a funny coincidence,
ain't it, Mr. Bannion?

I'd like to talk to you
about it.

I don't want you
coming here.

I'll see you
at the stable.

You won't be sorry,
Mr. Bannion.

I'm a very reasonable man.

Very reasonable.

This, uh, Bob Allen has been
more than a friend to Tic.

He's helped him with cash
and given him mounts

when no other trainer would
have anything to do with him.

Mr. Allen?

Yeah.

My name is Mason.
I'm an attorney.

This is
Mr. Paul Drake.

Howdy.

May we come in?

Why not?

I'm sorry Bright Magic
lost the race, Mr. Allen.

Lose a $ bet,
Mr. Mason?

As a matter of fact,
I did.

Well,
I lost a bet too.

I'm also sorry you lost
your job as trainer.

That really hurts.

Do you know what
a trainer has to do

to get a horse
like Bright Magic?

Starts out
a gyp at the fairs.

$ claimers:
lame, brittle, wind-broken.

Then you
work yourself up,

but you don't find a horse
like Bright Magic.

Oh, no, they don't even
run at the half-milers.

You have to sort of graduate,
move up to the mile tracks.

Then to
the Big Apple.

Big Apple?

Yeah,
Saratoga, Belmont.

You know, the equivalent
of Santa Anita

and Hollywood Park
out here.

And then you work and sl*ve
and pray and hope

that you'll find
a horse like Bright Magic.

Even then, as -to- even,
you'll never make it.

Anyway, I almost had
a derby winner, didn't I?

Well, goodbye,
Bright Magic.

Was that horse doped?

Could've been.

Are you, um,
married, Mr. Allen?

No.

Live alone here?

Yes.

Aren't those shoes
a little small for you?

Where is he,
Mr. Allen?

Who?

Tic Barton.

( door opens )

It seems we meet in the
strangest places, lieutenant.

Yes,
doesn't it?

How about answering
the question? Where is he?

Who are you?

Lieutenant Tragg,
Homicide.

We got a call that
Barton's hiding out here.

A call from whom?

Someone we've done business
with for a long time,

His name
is anonymous.

( door opens )

Tic!

It's okay, Bob.

You'll have to come
along with me, Barton.

I went to
Starr's apartment.

I wanted to force him to confess
that he doped the horse.

You don't know who made
the noise in the other room?

No.

What happened after
Starr threw you out?

I got up
and heard the sh*ts.

I realized my g*n
was back in there,

so I tried to
go back in.

But the door
was locked.

I took off.

And then this fella
from the other apartment

came into the hall.

Then I-- And I ran.

Right to
Bob Allen?

No,
I went home.

Where was
your wife?

You don't think
she was in Starr's other room?

I don't know.

How'd you happen
to go to Allen's?

He phoned,
I told him what had happened.

Who do you think
tipped off the police

as to where
you were staying?

I don't know.

Why didn't you
call me?

I was scared.

Almost as scared
as I was to find out

if you wanted to be
my lawyer or not.

I didn't think you could
throw a race.

How could I think
you'd m*rder someone?

Yes, sir.
This is the m*rder w*apon.

Ballistics
has checked it out.

Has a police permit been issued,
and is it registered?

Yes, it is.

To Francis "Tic" Barton,
the defendant.

I see.

Now, lieutenant, what else
was found in the m*rder room?

Well, we found
some fingerprints.

Yes. These prints
have been identified

as belonging
to the defendant.

Whereabouts in the m*rder room
were they found?

Well, the full handprint
on the coffee table,

the one near
the davenport,

and this print
of a middle fingertip

on the door panel.

I see.
Thank you, lieutenant.

If it please
the court,

I should like
these photographs

and this g*n
marked for identification.

No objection.

Your witness.

No questions.

JUDGE:
Step down, lieutenant.

Now, all these
apartments are the same.

So there's
no rear-door exit.

He had to come out
the front door.

Could you identify
this man in the hallway?

Sure. Tic Barton,
the jockey.

What time was this?

Well, it was a couple of seconds
after the sh*ts.

Must have been
around : .

Mr. Horty, how well
did you know Johnny Starr?

Just to say "hello" to.
You know, apartment neighbors.

How many times did you
say "hello" to him

in the past few weeks?

Twice or three times,
when he was alone.

And a couple of times

when he was escorting
a woman into his apartment.

A woman?

Was it the same woman
on both occasions?

That's right.

I ask you now to look
around this courtroom

and tell us if
that woman is here today.

Sure.
It's that woman.

The lady sitting there
in the second row.

Are you positive
of that, Mr. Horty?

The lady that
you're pointing to

is the wife of the defendant,
Tic Barton.

Well, I'm sorry
about that,

but I couldn't
mistake her.

Not her.

Thank you, Mr. Horty.

Your witness.

Mr. Horty, after hearing
the second sh*t,

how much time elapsed
before you came into the hall?

Oh, not long.

How long is not long?

Uh, seconds, maybe.

Maybe more?

Maybe.

I don't want to bait you,
Mr. Horty,

but a man's life
is at stake.

You heard the first sh*t,
is that right?

Oh, yes, but I thought
that was a car backfiring.

But it did alert you.

I mean, you stopped
and thought, "What was that?"

Yes, that's right.
I did.

The door to Johnny Starr's
apartment was closed,

your door was closed,

yet you heard the sh*ts?

Well, these apartments
are far from soundproof.

You can hear voices
in the halls sometimes?

Oh, sure.

And now you were
listening intently?

Well, I guess so.
I was on my way to the door.

And you heard
nothing more?

Nothing.
All right.

You opened your door,
you looked down the hallway,

and you saw the defendant
near the top of the stairs?

That's right.

In between
the second sh*t

and the time
you reached the hallway,

you heard nothing?

Nothing.

Not even the door

of Starr's apartment
opening and closing?

No, nothing.

Then how did Tic Barton
get out into the hallway?

Well, he just--

Why, I...
I don't know.

He could have gotten out
before the first sh*t,

couldn't he?

I mean, you weren't
alerted then.

You could have heard
a door opening and closing.

You would have paid
no attention to it.

No, I wouldn't,
that's right.

Mr. Horty, you saw
Barton run down the stairs.

What did you do?

I went across to Starr's
apartment, and I rang the bell.

Then I called out,
but nobody answered.

So I rushed to my apartment
and called the police.

While you were
calling the police,

the m*rder*r could have gently
eased out of Starr's apartment

and quietly made his way
out of the building.

Your Honor,
I object.

That calls for a conclusion
of the witness.

I'll withdraw
the question.

I have no more questions
of this witness.

JUDGE:
Step down, Mr. Horty.

I call Robert Allen.

And now, Mr. Allen,
what did the defendant say

when Mr. Bannion accused him
of throwing the race?

Tic denied it,

said the colt acted sluggish
and didn't put out.

He inferred that
the horse had been doped?

MASON
I object, Your Honor.

Prosecution knows
that's a leading question.

If the court please,

this is at best,
a hostile witness,

a longtime friend
of the defendant,

a man who harbored him

when the defendant
was wanted by the police.

I ask the court's recognition of
this man as a hostile witness.

Proceed,
Mr. District Attorney.

Thank you,
Your Honor.

Now, Mr. Allen,
did the defendant say, quote,

"If there was
any business done,

I think I know
who handled it," unquote?

Yes.

When the defendant secreted
himself in your apartment,

did he tell you that
on the night of the m*rder,

after he left the track,
he went home,

got his g*n and then went
to Johnny Starr's apartment?

Yes,
but that doesn't--

I think this court
is quite capable

of making its own
interpretation, Mr. Allen.

Thank you.

Your witness.

Mr. Allen...

when the defendant was
staying in your apartment,

did you tell him
to give himself up?

Yes, I did.
But he was afraid, Mr. Mason.

You can understand that.

So you let him stay on
for those two days,

just long enough to establish
him as being in hiding,

and then you
turned him in?

Didn't you
telephone the police

and tell them Tic Barton
was in your apartment?

He didn't k*ll
Johnny Starr.

I didn't ask
whether he did or not.

I asked you if you
called the police.

Yes.

I called the police.

After I thought
it over,

I realized the longer
Tic stayed in hiding,

the worse it would look
for him.

I thought this
was the best way.

That will be all,
Mr. Allen.

You may step down,
Mr. Allen.

Did you have a conversation
with the defendant

the night before
the derby?

Yes, sir.

Would you relate
to this court

the substance
of that conversation?

Yes, sir.

I relayed a message
to Tic from his wife

that if he had
anything to tell her,

he could reach her
at Webster- - .

Did you subsequently learn
whose phone number that was?

Yes, sir, I did.

Johnny Starr's.

All right.

Now, Mr. Davis,
would you please tell us

what the defendant said

when you gave him
the message from his wife?

Well, he said that
if he thought somebody

was trying to take his wife
away from him, he'd...

He'd k*ll them.

Thank you.

Your witness.

Now, Mr. Davis,
were you acquainted

with the deceased, Johnny Starr?

Yes.

Did he approach you
to help fix the Pacific Derby

by tampering with a horse
in any way?

No.

Your Honor,
I object.

That question's incompetent,
irrelevant and immaterial.

It's also improper
cross-examination,

touching on matters
not covered in direct.

Mr. Mason?

Your Honor, I'm inquiring into
possible bias of the witness.

Objection overruled.

Thank you,
Your Honor.

Now, Mr. Davis,
I have no desire

to trap you
with the next question,

but I must tell you
that a private detective

saw you in the company
of Johnny Starr

on at least
two different occasions

in the hours
immediately before the race.

Now, isn't it true that
Starr offered you a bribe

to throw the race?

Well,
he offered it.

How much did he offer?

$ , .

$ , is
a lot of money.

It's understandable,
it could be a great temptation.

And doping a horse
isn't m*rder, is it?

Your Honor, don't you
think Mr. Mason--?

Now, tell the court,
Mr. Davis, isn't it true

that you did accept
Starr's offer,

that you did
dope Bright Magic,

that after the race you went
to Starr's apartment to collect,

that he tried
to welsh on paying off?

So you had a fight

in which he gave you
that black eye?

Okay, I did dope the colt!

So you did lie before?

Yes, I lied
about doping the horse,

but I didn't have
any fight with Starr!

He gave me the money!

Your Honor, I object
to this whole procedure.

I can put a witness on the stand
to clarify the matter

of the fight
and the facial lacerations.

Then do so,
Mr. Burger.

That is, if Mr. Mason

is finished
with his cross-examination.

Yes,
Your Honor.

But if it please the court,
I would like

to reserve the right
to recall this witness.

Very well.

Stand down,
Mr. Davis.

I call Dion Bannion
to the stand.

Now,
Mr. Bannion...

do you know
the previous witness,

Eddie Davis?

I do.

He used to be
in your employ?

Yes, sir.

On the night of the m*rder,
did you see Eddie Davis?

Yes. He wanted his job back.
I had fired him.

Would you tell us,
please, what happened?

Well, I lost my temper.
I have a terrible, quick temper.

And what did you do?

I hit him.
I can't excuse myself,

but winning that race
meant everything to me.

So I blamed everybody.
I blamed the whole world.

And you assaulted
Eddie Davis?

I hit him
a couple of times.

I guess it must have been
harder then I meant to,

because the next day,
when I saw him,

he had a split lip
and a welt under his eye.

So you're the one who gave
Eddie Davis that black eye?

Yes, sir.

That's all, Mr. Bannion.
Thank you.

Your witness.

Just a moment,
Mr. Mason.

Do you anticipate
a lengthy cross-examination?

Yes, I do,
Your Honor.

Well, since
it's almost : now,

I think this would be
a good time to adjourn.

Court stands adjourned
until : tomorrow morning.

[CROWD CHATTERING]

I, uh,
saw your light on.

Just burning
a little midnight oil.

How's it coming?

Well,
it isn't.

I was so positive that Starr
gave Eddie Davis that b*ating,

it all worked out
so beautifully.

Well, maybe this Bannion
was lying.

It's possible.

If you would place any stock
in a woman's intuition,

I'd say that Mr. Bannion
was telling the truth.

You know, the way
he described Davis

when he saw him
the next day--

Della!

What?

You're a doll.

I didn't think
you noticed.

Come on,
let's get out of here.

I imagine winning
the Pacific Derby

is a cherished dream for
a horse owner, Mr. Bannion?

Like winning
the Kentucky Derby.

So it would be a double blow
to have a man like Johnny Starr

dope your horse or cause
your horse to be doped?

What do you mean,
a double blow?

Johnny Starr was an agent
for gambling interests

who were concerned
with a large, future book bet

on Bright Magic,

-to-
on the horse.

How much
was your bet?

You're barking up
a wrong tree, Mason.

How much was
your bet, Mr. Bannion?

$ , .

At to ,
that's $ , .

Plus the purse,

that's a lot
of money to lose

because someone
doped your horse.

Now, you testified
on direct examination,

that you assaulted
Mr. Davis on derby day.

That's right.

What time was this?

Around : .

Are you sure?

I'm positive.

The reason I ask,
Mr. Bannion,

is because
you also testified

that when you saw Mr. Davis
the following day,

he had a black eye.

That's right.

Why did you see him
on the following day?

I'm not sure
I understand you.

I think you understand me
perfectly, Mr. Bannion.

He was a man
whom you'd fired,

a man who admitted
doping your horse

and whom
you'd assaulted.

I want to know
why you saw him again,

when common sense
tells us

he'd stay as far
out of your sight as possible.

Well, Mr. Bannion?

Davis came out
to my place to see me.

That tells us the where,
Mr. Bannion.

Now tell us the why.

He threatened
to go to the police.

Certainly not over
that b*ating.

If he wanted
to see the police,

he'd have gone
the same night.

The reason I gave
Davis that b*ating

was to find out who was
responsible for doping my horse.

You had no idea
it was Johnny Starr?

No.

But you did b*at the truth
out of Eddie Davis?

Yes.

All right.

Now, what did you do
to Johnny Starr?

Nothing!

You would
have us believe

that when you learned
the name of the man

who was responsible
for your defeat,

you did nothing?

Then why did Davis come
to your home the following day?

I asked him to

when he threatened
to go to the police.

How did you persuade him
not to go to the police?

I gave him $ , .

You gave him $ , ,
Mr. Bannion?

I knew how it would look
to the authorities--

You mean, they might ask
embarrassing questions,

such as, "Did you go up
to see Johnny Starr

on the night
of the m*rder?"

I'll ask that question
right now, Mr. Bannion.

Did you go up
to see Johnny Starr

on the night
he was m*rder*d?

Yes,
but he was dead.

I tell you, he was dead
when I got there!

I swear that's
the truth!

If it please
the court,

I reserved the right
to recall Edward Davis.

I ask now that he be
returned to the stand.

Mr. Burger?

No objection,
Your Honor.

Edward Davis
to the stand.

Step down,
Mr. Bannion.

You're still under oath,
Mr. Davis.

Mr. Mason.

Your Honor.

Well, you were quite
a busy man on derby day,

weren't you, Mr. Davis?

First you performed
the chore of doping a horse,

and then you followed it
with a little blackmail.

It wasn't blackmail.

Then what would
you call it?

Or did you find some detail
in Mr. Bannion's testimony

that was false?

No, no.

But it
wasn't blackmail.

I was entitled to some dough,
after the b*ating he gave me.

You hit upon the sum
of $ , as fair compensation?

That's right.

But it
wasn't blackmail?

Now, look, I don't care
what Bannion said,

he made it
sound like

I thought he m*rder*d
Johnny Starr!

When we all know
that wasn't possible.

What?

You agree that
Mr. Bannion assaulted you

at : that night.

Yeah.

At that time, Johnny Starr had
been dead for nearly an hour.

Mr. Horty testified
he heard the sh*ts at : .

I didn't know that.

You should have, Mr. Davis.
You fired those sh*ts.

You're crazy.
Why should I?

Because Johnny Starr
double-crossed you.

He refused to pay off
when you doped Bright Magic.

Look, I told you
he gave me five grand.

That's what you
went to his place for,

to have it out
with him.

In the midst
of the discussion,

the defendant
knocked at the door.

You went
into the kitchen.

When Johnny Starr
threw Tic out,

you returned
from the kitchen,

picked up Tic's g*n,
and k*lled him.

I tell you,
you're wrong!

You ain't gonna let him
frame me, are you judge?

Look, I admitted
doping the horse,

and I blackmailed
Mr. Bannion.

Why?
Because I needed dough!

But you claimed
Johnny Starr gave you $ , .

He did.
I needed ten.

What for?

For a deal I was going into.

What kind of deal?

It doesn't matter.
it fell through!

Then you still
must have that $ , .

I have here

a certified copy
of your bank account

at the Van Nuys
Banking and Loan.

Would you please
read your current balance?

Go on,
read it, Mr. Davis.

Very well,
I'll read it for you.

"$ , ."

Now, where's
the other $ , ?

That $ , can save
your life, Mr. Davis.

Can you produce it?

( ominous theme playing )

I'm afraid you'll have to ask
Mr. Mason that question.

Mr. Mason, what put you
on Eddie Davis?

When he talked about accepting
Starr's $ , offer.

At the time, he thought it was
better to admit doping a horse

than to be involved
in a m*rder charge.

When you started
pressing him

on the $ ,
he got from Mr. Bannion--

He overlooked the fact that one
event didn't tie into the other.

Yes, you see, it works
like a jigsaw puzzle.

All these pieces
have to fit together.

Well, it sure
worked for me.

( phone rings )

I can't tell you, Mr. Mason,

how wonderful
it is to be free.

I think I know,
Tic.

Yes, Gertie.

Oh.
It's for you, Tic.

It's your wife.

I got nothing to say
to her, Mr. Drake.

Like I told you, Mr. Mason,
it's wonderful to be free.

And from now on, I'm gonna
pick on girls my own size.

( noirish jazz theme playing )
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